20100621
africanews

A police constable Edward Kirui accused of killing two demonstrators in Kisumu during the 2008 post-election violence has been acquitted. High Court judge Fred Ochieng on Monday ruled that the bullets found in the victims' bodies did not match the gun used by Kirui hence his innocence.

It emerged that the police had submitted for ballistics tests a different firearm from the one that was used to shoot the two. Kirui had been charged with killing Ismail Chacha and William Onyango at Kondele market in Kisumu, on January 16 2008.

Though the prosecution proved to court that there was shooting in Kondele by producing a video the court heard that it was unable to identify the police officer.

While releasing Kirui, Justice Ochieng' wondered why, who and when the gun, used by the former officer, was changed.

"If there was a change of gun, when and who did it and for what reasons? Why are there two different serial numbers of a gun that was allegedly used by the accused?'' posed Justice Ochieng.

"I find that the prosecution has failed to prove that the fatal bullet that killed the deceased was fired from the accused firearm,'' he ruled.

"I have no alternative but to give the accused the benefit of doubt because it is possible that he may not have been the one that shot and killed the two protestors. I therefore acquit him,'' Justice Ochieng said.

During his defense in February Kirui told the court that he did not fire even a single bullet as it had been alleged arguing that he had been framed.